GREEN SHEET REDIGEST
HB 409 2021 Regular Session Freeman
HIGHER EDUCATION: Provides relative to campus safety and accountability.
DIGEST
Mandatory Reporting
Present law provides relative to the handling of sexually-oriented criminal offenses at public
postsecondary education institutions. Proposed law instead uses the term "power-based
abuse", which includes domestic abuse, sexual assault, sexual harassment, and stalking, and
proposed law provides the following:
(1)Requires employees to report to the campus Title IX Coordinator upon witnessing
or receiving a direct statement regarding of power-based abuse. Provides that
reporting is not mandated if information is received during a public forum or
awareness event, in the course of reviewing academic work, or in the course of
overhearing a conversation.
(2)Requires the Title IX Coordinator to report to the chancellor.
(3)Requires the chancellor to report to the system president.
(4)Requires the system president to report to the management board.
(5)Requires the management board to report to the Board of Regents.
(6)Requires the termination of any employee who fails to comply with these
requirements.
(7)Grants victims the right to obtain a copy of any report pertaining to any incident
involving them.
Memoranda of Understanding
Present law requires each institution and local criminal justice agency to enter into a
memorandum of understanding (MOU) relative to responsibilities, information, investigation
protocols, and other aspects of dealing with sexually-oriented criminal offenses. Requires
that the MOU be updated every two years. Proposed law requires that each MOU relative to
power-based abuse include the campus police department, if any, the local district attorney's
office, and any law enforcement agency with criminal jurisdiction over the campus; be
updated on at least an annual basis; be written; and be signed by all parties.
Hotline Information
Present law requires institutions to post certain information on their website, including the
phone number and website address for a victims' hotline. Requires this information to be
updated "timely". Proposed law instead requires it to be updated on at least an annual basis.
Online Reporting System
Present law authorizes institutions to provide an online reporting system to collect
anonymous disclosures of crimes and track patterns of crime on campus. Proposed law
requires rather than authorizes such online reporting systems.
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Prepared by Cheryl Serrett. Training
Present law requires the Bd. of Regents to have developed a training program relative to
handling sexually-oriented criminal offenses by Jan. 1, 2016, and for institutions to have
provided such training not later than the beginning of the 2016-2017 school year. Proposed
law extends such deadlines to Jan. 1, 2022, and the beginning of the 2022-2023 academic
year, respectively, and provides for the training to address power-based abuse; adds that
training shall also be provided to members of the Bd. of Regents and each public
postsecondary education management board.
Inter-Campus Transfer Policy
Present law requires the Bd. of Regents to have a uniform policy that requires institutions to
communicate with each other regarding transfer of students with about students who have
had disciplinary action taken against them for sexually-oriented criminal offense. As well as
to withhold the transcript.
Student Surveys
Present law requires an institution to administer an anonymous sexual assault climate survey
to its students once every three years. Proposed law changes the terminology to refer to a
power-based abuse climate survey and requires results to be posted prominently on each
institution's website and for each institution to make every effort to maximize student
participation in the survey.
Present law requires the Bd. of Regents to develop the survey in consultation with the
management boards and work with such boards in researching and selecting the best method
for survey development and administration. Proposed law additionally requires the Bd. of
Regents to consult with victims' advocacy groups and student leaders who represent a variety
of student organizations and affiliations when performing these responsibilities.
Present law requires the Bd. of Regents to submit a written report on survey results to the
House and Senate education committees and governor not later than Sept. 1st following
administration of the survey. Proposed law changes this deadline to 45 days prior to the
convening of the next Regular Session of the Legislature.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3399.13, 3399.14(A), (B), and (C)(3) and (4), 3399.15(intro. para.), (2)(b)
and (f), (3), (5), and (6), and 3399.17; Adds R.S. 17:3399.12)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Revise terminology to refer to "power-based abuse" instead of "power-based
violence" and revise terminology contained within the definition of "power-based
abuse".
2. Add requirement for management boards to report annually to the Board of
Regents.
3. Specify that each MOU shall be written and signed by all parties.
4. Revise procedures for communication between institutions about student
transfers and transcript withholding between institutions relative to students
under investigation.
5. Apply training requirement to members of the Bd. of Regents.
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Prepared by Cheryl Serrett. 6. Reinstate present law relative to frequency of survey administration.
The House Floor Amendments to the engrossed bill:
1. Revise terminology to refer to an employee's receipt of a direct statement
regarding an incident of power-based abuse instead of his receipt of notice of
such an incident.
2. Specify that mandatory reporting requirement does not apply if information is
received in the course of overhearing a conversation.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
reengrossed bill
1. Clarifies the inter-campus transfer policy to ensure the policy is uniform across
all institutions.
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Prepared by Cheryl Serrett.